The Tribunal is held in private, usually in a private area of the approved centre where the patient is detained.
The Tribunal is not like a formal courtroom. There is no formal dress code and patients can wear their day-to-day clothes. In general, everyone sits together around a table.
What happens during the Tribunal?
Before the Tribunal, the members read the relevant documents about the patient’s case. The Tribunal must see:
- The patient’s admission and or renewal forms.
- The report from the independent consultant psychiatrist.
- Any forms which the approved centre gave to the patient about their stay.
- The patient’s hospital file.
At the start, the Chairperson will introduce the Tribunal members to the patient and explain what will take place. The Chairperson will inform the patient that they can discuss any aspect of their admission with the members. The patient and their legal representative can make verbal or written submissions to the Tribunal.
The Tribunal will hear evidence, including from the consultant who is treating the patient.
The Tribunal may direct that other documents or evidence be provided, and tell any person to attend.
How does the Tribunal make a decision?
The three members of the Tribunal will carefully consider everything they have heard together with all documents and relevant case law. They will decide on the following:
- Does the patient continue to have a mental disorder on the date of the Tribunal in line with the test in the 2001 Act?
- Have all requirements under the 2001 Act been complied with?
The Tribunal considers any legal submissions made.
They will usually adjourn the Tribunal to consider these issues and agree on a decision -or make a majority decision.. They write up their decision, which must include the reasons for the decision.
In most cases the decision is given the same day as the Tribunal. Sometimes a Tribunal takes a short while to clear up some matter or obtain further evidence.
